ORDINANCE NO. 586 ANNEXATIONS AND CONNECTION PERMIT FEE SYSTEM

ORDINANCE NO. 586 ANNEXATIONS AND CONNECTION PERMIT FEE SYSTEM WHEREAS, the Board of Trustees of the Wheaton Sanitary District, hereinafter referred to as Board, desires to establish a system of charges for the District s facilities; and, WHEREAS, Illinois Compiled Statutes (70 ILCS 2405), the Illinois Sanitary District Act of 1917, authorizes the District to assess fair and reasonable charges to users of the system for construction, expansion, and extension of the system; and, WHEREAS, the District desires to rescind Ordinance No. 571 and to replace it with this Ordinance No. 586; and, WHEREAS, the impact of users of the system is measured by the characteristics of the wastewater flow discharged by the users; and, WHEREAS, development within the service area of the District has evolved to the point where most properties, with the exception of some isolated pockets, have an existing sanitary sewer system available for connection; and, WHEREAS, the service area has matured to the point where most of the additional capacity requirements will be generated by denser and vertical development in areas where sanitary sewers already exist; and, WHEREAS, construction costs typically change from year to year; and, WHEREAS, the original cost of construction, adjusted by an appropriate index, is an equitable method of determining the current replacement cost of the system capacity; and, WHEREAS, the Engineering News Record Construction Cost Index (ENR CCI) is deemed to accurately reflect the increases in the cost of construction of public works facilities, including sanitary sewers and wastewater treatment facilities; and, WHEREAS, the District desires to take an integrated approach to long term maintenance of the wastewater facilities; and, WHEREAS, the loading from a commercial/industrial facility should be determined based on a population equivalent; and, WHEREAS, if a commercial/industrial user wastewater discharge has characteristics that will adversely affect the District s sewers or wastewater treatment facilities (i.e. grease, acids, etc.), Page 1 of 12

pretreatment facilities shall be required and maintained at the commercial/industrial facility by the property owner. In addition, a higher monthly user charge (Surcharge) for wastewater transport and treatment may be required; and, WHEREAS, the Illinois Environmental Protection Agency (IEPA) requires submittal and approval of an application for Construction/Operation Permit, which is independent of the District s permitting system; and, WHEREAS, IEPA requires a determination of the population equivalent loading impact in its application, which must be certified by a licensed professional engineer in the State of Illinois; and, WHEREAS, the District has determined it would be fair and equitable to use the same certified population equivalents mentioned above in the IEPA Permit application; and, WHEREAS, the District maintains that the appropriate time frame for recovery of sewer main construction costs is twenty years; and, WHEREAS, the District maintains that the utility bills are ultimately the responsibility of the property owner, and utility agreements between landlords and tenants are not negotiated or managed by the District; and, WHEREAS, the District s recourse for payment is to file a lien on the Property Index Number (PIN) at the DuPage County Recorder s office; and, WHEREAS, the District maintains that sanitary sewer flow contributions from residential units are largely based on the number of occupants in a residence, and that the number of occupants can vary dramatically from year to year; and, WHEREAS, the District maintains that, over extended period of time such as twenty years, sanitary sewer flow contributions from residential units will average out to be relatively consistent; and, WHEREAS, the District maintains that, for the above reasons, a uniform permit fee for each residential unit is a fair basis for the establishment of a permit connection fee for residential units; and, WHEREAS, the District maintains that each single family residential unit should have its own individual sanitary sewer service lateral extending from the residence to the sanitary sewer main; and, WHEREAS, the District maintains that multi-family residential units will tend to have less sanitary sewer laterals than single family units, and as a result will have less of a potential for Page 2 of 12

excess infiltration/inflow (I/I) to enter the sanitary sewer system through their sanitary sewer service laterals; and, NOW, THEREFORE, IT IS HEREBY ORDAINED, by the Board of Trustees of Wheaton Sanitary District, DuPage County, Illinois as follows: Section I - Recitals The foregoing recitals are incorporated herein as if fully set forth below. Section II - Definitions Board shall mean the Board of Trustees of the Wheaton Sanitary District. CCI shall mean the average annual calendar year Construction Cost Index as published in Engineering News Record (ENR). Collector Sewer shall mean the local sewer to which individual sanitary sewer services drain directly. Connection shall mean the physical attachment of a service lateral from private property to the public sewer to convey wastewater from the private property to the public sewer system and/or the installation of additional plumbing fixtures draining to an existing service lateral that will result in an additional hydraulic or organic load on the treatment works. Connection Permit shall mean a permit authorizing the discharge of a specific volume and type of wastewater to the sanitary sewer system. Discharge shall mean the drainage of sanitary wastewater from a building or property District shall mean the Wheaton Sanitary District. Engineering News Record shall mean the Engineering News Record as published by McGraw Hill Company. I/I shall mean Infiltration/Inflow which is a term used to describe groundwater and storm water flow that is not supposed to enter the sanitary sewer system. ILCS shall mean the Illinois Compiled Statutes. Independent Living Retirement Residence shall mean a residential unit designed for long term occupancy by active retired related adults with at least two meals provided in a group setting. Page 3 of 12

Institutional Residence shall mean a facility designed for short term overnight occupancy by nonrelated persons, (e.g. hospitals, nursing homes, jails, hotels, etc.). Interceptor sewers shall mean the large sanitary sewers to which collector sewers drain and which convey sanitary sewage directly to the treatment plant. Population Equivalent shall mean 100 gallons of sewage per day, containing 0.17 pounds of 5-Day Biochemical Oxygen Demand and 0.20 pounds of suspended solids discharged to the sanitary sewer system. Sanitary Sewer System shall mean the network of sanitary collector and interceptor sewers which drain to the District s treatment facility. Supplemental Permit shall mean a permit authorizing the discharge of an additional quantity or a different type of wastewater from that authorized in previous Connection Permits or Supplemental Permits Treatment Works shall mean the sanitary sewer system and the treatment facility owned and operated by the District. User Charge shall mean the fee charged to users of the system based on water use to defray the costs of operation, maintenance, and replacement of the treatment works of the District. Section III - Annexation to District It shall be unlawful for any property or building to discharge wastes of any kind into the sanitary sewer system of the District unless the property or building is within the corporate limits of the District. A. Petition for Annexation A Petition for Annexation shall include the legal description of the property and shall be signed by the owners of record. The Petition for Annexation shall also be signed by resident electors residing on the property, if any. The Petition for Annexation Form is given in Exhibit A. B. Plat of Annexation A Plat of Annexation shall be submitted with the petition for annexation. The plat shall contain the legal description of the property to be annexed, the permanent parcel number(s) of each parcel, the address(es), the boundaries of the property(ies), the existing boundary of the District, and the gross area of the proposed annexation. The plat of annexation shall be signed and sealed by a land surveyor, licensed in the State of Illinois. The Plat of Annexation shall contain the information outlined in Exhibit B. Page 4 of 12

C. Annexation Fee A non-refundable annexation fee, as may be set by separate ordinance by the Board, shall be assessed for each annexation petition filed with the District, and it is payable at the time the annexation petition is filed. If the Board does not approve the proposed annexation, the annexation fee shall be retained to defray the staff expense in evaluating the capability of the District facilities to serve the proposed area. D. Basis of Approval Approval of any petition for annexation shall be at the sole discretion of the Board. Criteria for approval thereof shall include, but not be limited to, existing treatment plant capacity, existing sewer system capacity, the District s approved service area and the nature of the facilities to be constructed on the property proposed for annexation. Unless provided for in an annexation agreement, annexation of property to the District shall in no way commit the District to construct additional facilities to serve the newly annexed property. Section IV - Connection Permits A. Required Permits 1. New Construction A new discharge into the sanitary sewer system tributary to the treatment works of the District shall require a Connection Permit for the volume and type of waste indicated on the connection permit in Population Equivalents. 2. Modifications to Existing Structures Modifications (such as additions and remodeling) to existing buildings that add population equivalents, convert the use of a building from one use to another (such as from an office to a commercial use), or a change in the character of the wastewater (such as a change in chemical constituents in the wastewater or significantly larger volumes of wastewater). 3. Demolition of Structures Demolition of structures will require an inspection to verify that the existing connection is properly abandoned and plugged. Page 5 of 12

Section V Collector Sewer Costs A. Collector Sewer Costs Collector sewer costs shall be based on the construction costs and engineering fees associated with the installation of the collector sewer. B. Annual Adjustment of Collector Sewer Costs The collector sewer costs shall be based on the total cost of the collector sewer and adjusted annually by the ENR CCI. C. Discontinuation of Collector Sewer Recovery Costs After 20 years, the collector sewer will be deemed to be integral to the system, and permit fees will no longer be charged for the collector sewer thereafter. Section VI - Capacity The capacity of the wastewater treatment and pumping facilities shall be based on the design hydraulic flow of the facilities. The design capacity of interceptor sewers and collector sewers shall be based on the sewers flowing one half (1/2) of the pipe diameter. Section VII - Population Equivalents For purposes of determining connection permit fee, the District will generally assume Population Equivalents as follows: A. Single-Family Residences = 4.0 each residence B. Multi-Family Residences = 3.6 each residence C. Institutional/Commercial/Industrial Facilities The population equivalents from institutional/commercial/industrial facilities can vary based on functional uses of the buildings. The type and character of wastewater to be discharged into the District s sanitary sewer system can vary. Chemical constituents in the wastewater may require pre-treatment before the wastewater may be discharged into the District sanitary sewer system. Therefore, the population equivalent for these facilities must be documented and certified by a licensed Professional Engineer in the State of Illinois as reported to IEPA through the use of the IEPA Construction/Operation Permit (Form WPC-PS-1). Page 6 of 12

D. Credits In no event may a credit be applied to a first time permit for a property. Population equivalents credits may be applied only if a structure previously existed on the property, which was permitted and connected to the District s sanitary sewer system. The previous connection must be disconnected to prevent I/I from entering the sanitary sewer system. In addition, the District must make an inspection of the old connection to ensure it is properly disconnected. Section VIII - Adjustment for Actual Water Consumption A. Review of Actual Water Consumption The actual water consumption of institutional/commercial/industrial users may be used to compare with the population equivalent provided with the permit application. B. Fee Adjustment If actual water consumption is found to be in excess of the population equivalent provided with the permit application, then an adjustment to the fee may be made to reflect the actual use of District facilities at the rate of 100 gallons per day per population equivalent. The fee shall be modified only if the variance in the data is greater than one (1) Population Equivalent, and the change in the fee shall be documented with the issuance of a modified permit. The adjustment may only be made during the first two years after permit issuance. Section IX Permit Application Fee A permit application fee of $100 is required for all applications, including a No Charge Permit, unless the District determines No Permit is Required. Section X Sequence of Permit Application, Review, Approval, and Issuance A. When a permit application is submitted and the application fee has been paid, the District will conduct a preliminary review of the application. The District will endeavor to complete the preliminary review within five District business days. B. If District s preliminary review determines the application is complete, District staff will enter that date as the official date of submittal of the application. Page 7 of 12

C. The District will endeavor to review a properly completed application within five District business days of the official date of submittal of the application. D. After the District s review of the application is complete and the connection fee is established, the District will notify the applicant that the permit is ready. The applicant has 30 calendar days to pay the permit fee and obtain the permit. Upon payment of the permit fee, the District will assign a permit number and issue the permit. No connection to the District s sanitary sewer system is allowed without a permit. E. Permits not picked up within 30 calendar days of notification shall lapse. If a permit lapses, a new application must be submitted along with payment of a new application fee. F. If the District s preliminary review determines application is incomplete, the applicant will be notified. The applicant will be allowed 30 calendar days to provide the missing information. If the application is not completed within 30 calendar days, the application fee will be retained by the District and the application process terminated. If the applicant is still interested in obtaining a permit, a new application must be submitted along with payment of a new application fee. Section XI - Payment of Permit Fee Permit fees shall be due and payable after the connection permit is approved as ready to be issued. Permit fees are set on a fiscal year basis (i.e. May 1 st to April 30 th ). On May 1 st, the new fee schedule shall apply, with the exception of those permit applications made prior to May 1 st and still in processing. Section XII - Use of Permit Fee Connection permit fees are intended for the construction, expansion, replacement, and improvement of the Treatment Works. Section XIII Enforcement, Fees, Costs It is unlawful and a violation of this Ordinance to connect or attempt to connect to the Sanitary Sewer System without first obtaining a connection Permit and complying with this Ordinance. Any person who violates this Ordinance is subject to enforcement and sanctions as provided in this Ordinance. The District is authorized to take all action necessary to abate or remedy a violation of this Ordinance. Page 8 of 12

The District s remedies for violation of this Ordinance include authority to: 1. Disconnect an unlawful connection; 2. Coordinate the disconnection of any unlawful connection with another unit of local government, e.g., the City of Wheaton; 3. Enjoin an unlawful connection; 4. Enjoin an attempt to connect without first complying with this Ordinance; 5. Coordinate with another unit of local government the termination of water service to the property; 6. Recover user charges for all unauthorized use of the Sanitary Sewer System; 7. Recover all costs or expenses incurred by the District in correcting a violation of this Ordinance; 8. Recover reasonable attorneys fees, expert witness fees, court costs and litigation expenses related to a violation of this Ordinance; 9. Recover a fine of $1,000 per day for each day of a violation; 10. Place a lien against the property for all amounts due. The District may seek cumulative remedies. The District may, at all reasonable times, enter all buildings, other structures, and properties for the purpose of inspection to determine the status of compliance with the provisions of this Ordinance. The remedies listed in this Ordinance are not exclusive of any other remedies available under Federal law, Illinois law, or local laws, regulations or ordinances. Section XIV - Repealer Any and all ordinances or parts of ordinances in conflict herewith be, and are, hereby repealed, to the extent of such conflict. Page 9 of 12

Section XV - Severability This ordinance is severable and the invalidity or unconstitutionality of any portion thereof shall not affect the remaining portions thereof. Section XVI- Modification of Application The Executive Director of the District has authority, without further Board authorization, to modify the Petition for Annexation Form, the Permit Application Form, and the Permit Form consistent with the Board s intent as expressed in this Ordinance. Section XVII - Effective Date This Ordinance shall be in full force and effect on January 1, 2015. Dated this 12 th day of November, 2014 S/Henry S. Stillwell III. President, Board of Trustees Wheaton Sanitary District Wheaton, DuPage County, Illinois ATTEST: S/Jeffrey R. Walker. Clerk, Board of Trustees Wheaton Sanitary District Wheaton, DuPage County, Illinois Page 10 of 12

Exhibit A Petition for Annexation Now comes and executes this Petition for Annexation and prays that the Trustees of the Wheaton Sanitary District will, by Resolution or Ordinance, take jurisdiction of the subject property, and annex the same to and within the corporate limits of the Wheaton Sanitary District. Said property being to wit: 1. Legal Description of Property: 2. Permanent Parcel Number: 3. Address of Property: The petitioner(s) is/are vested with fee simple title to the property described above. The Petitioners state and represent that the property described in this Petition for Annexation is contiguous and adjacent to the now existing limits of the Wheaton Sanitary District or the sanitary sewer system tributary to the District's treatment plant. That the Petitioners are willing and desirous of assuming a proportionate share of the existing bonded indebtedness of the Wheaton Sanitary District, and said bonded indebtedness, if any, shall become a lien against the premises herein described. There are no electors residing thereon, except the undersigned. It is petitioned that the Trustees of the Wheaton Sanitary District, shall adopt, pass, and enter into such ordinances that may be necessary to annex said property to and within the corporate limits of the Wheaton Sanitary District. Dated this day of, Property Owner Property Owner Resident Elector Resident Elector Page 11 of 12

Exhibit B Plat of Annexation Requirements Below is a summary of the information required with a Plat of Annexation: Legal description, permanent parcel number, address of existing building(s), and acreage to be annexed. Land Surveyor Certification STATE OF ILLINOIS ) ) s.s. COUNTY OF DUPAGE ) This is to certify that I,, an Illinois licensed Professional Land Surveyor, have platted for the purpose of annexation to Wheaton Sanitary District the property shown and described on the annexed plat, which to the best of my knowledge and belief, is a correct representation thereof. Professional Land Surveyor Land Surveyor Seal STATE OF ILLINOIS ) ) s.s. COUNTY OF DUPAGE ) The annexed plat is identified as representative of the property incorporated into and made part of Wheaton Sanitary District, adopted by the President and Board of Trustees of said District, dated this day of,. WHEATON SANITARY DISTRICT COUNTY RECORDER CERTIFICATE STATE OF ILLINOIS ) ) s.s. COUNTY OF DUPAGE ) This Instrument, No., was filed for record in the Recorder s Office of DuPage County, Illinois, this day of, A.D. at o clock. M. Page 12 of 12